BALL v. GROSS

Nos. 38095, 38114.

565 S.W.2d 685 (1978)

William E. BALL, Appellant-Respondent, v. Blanche GROSS, Appellant-Respondent.

Missouri Court of Appeals, St. Louis District, Division Four.

Motion for Rehearing and/or Transfer Denied May 9, 1978.

Application to Transfer Denied June 15, 1978.


Attorney(s) appearing for the Case

Donald U. Beimdiek, St. Louis, for William Ball.

Blumenfeld, Kalishman, Marx, Tureen & Paster, P. C., Bruce M. Wurmser, Clayton, for Blanche Gross.


ALDEN A. STOCKARD, Special Judge.

On October 30, 1959, the owners of an undeveloped tract of land in St. Louis County, consisting of approximately 25 acres, conveyed to Blanche Gross, defendant herein, "a perpetual easement," 40 feet in width and described by metes and bounds, over and across said tract for "railroad purposes." The eastern terminus of the easement strip was the boundary of the right-of-way of the Chicago, Rock Island and Pacific Railroad Company....

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